Lives in Los Angeles, wants to buy a pistol in New Orleans...


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DammitBoy
April 2, 2010, 06:01 PM
I'm working out of state right now in Louisiana. A co-worker who lives in L.A. in the communist state of California has asked me about buying a handgun locally and getting it back home.

My first reaction was to tell him it can't be done legally. But I must admit I don't have a clue as to what kind of acrobatics he'd have to go through to buy a pistol in Louisiana and legally get it to his home in California.

My second reaction was to tell him I'd ask a bunch of smartypants I know on the internet what the legal requirements are for such a transaction, if it was at all possible.

So, my question to those of you in the know; can you legally buy a handgun in Louisiana and have it shipped to your home in Los Angeles? If possible, what are the steps my buddy needs to take to accomplish said task?

Thanks for any helpful advice given.

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TexasRifleman
April 2, 2010, 06:04 PM
So, my question to those of you in the know; can you legally buy a handgun in Louisiana and have it shipped to your home in Los Angeles?

He could have it shipped to a California FFL and pick it up there when he gets home, and after the waiting period in CA, and if it meets the California import laws etc.

He can't take possession of the thing from anyone other than an FFL in his home state, that's where the actual transfer would have to take place.

He would have to get all these FFLs to agree to all of this of course, and likely pay them all for their services. Not really any different than buying a handgun off of Gunbroker or something.

DammitBoy
April 2, 2010, 06:08 PM
Does he have to have a permit to buy a handgun in Los Angeles County?

TexasRifleman
April 2, 2010, 06:11 PM
Does he have to have a permit to buy a handgun in Los Angeles County?

Pretty sure there are no permits required to purchase a handgun in California. California has a waiting period I believe, not sure how the FFLs work all that out.

They have something called the "DROS" process, Dealer Record Of Sale. He has to show ID and then the waiting period starts if I remember right.

ETA: http://ag.ca.gov/firearms/pubfaqs.php#7 Seems a "certificate" is required, I suppose that's the same as a permit, dunno..... Seems from reading this he could still have the gun sent to a CA FFL and deal with all the paperwork later.

Have to want the gun pretty bad I would think, to be worth all that trouble.

Zoogster
April 2, 2010, 06:34 PM
Seems a "certificate" is required, I suppose that's the same as a permit, dunno.....

Handgun Safety Certificate. It requires paying a fee and taking a multiple answer test.
Available at many retail gun shops.
You can buy a small book to know what will be in the test to study if you want for a few dollars.
Takes about 5-10 minutes to complete at many retail locations.


The transfer itself would not be too difficult. It would need to use 10 round or less magazines. It needs no threaded barrel, and unless you spend extra money to create some exemption it needs to be on the approved roster. If it is on the approved roster the only motivation for purchasing it when he could just buy it in California would be price.
It also cannot have a magazine that is inserted outside the pistol grip, but if it is on the approved list it will not.



Many CA FFLs also charge outrageous prices for out of state transfers. So if price is the motivation then he may wish to rethink it, or locate a low price FFL beforehand.
They are capped at a maximum for intrastate transfer, but charge whatever they want for interstate transfers. This means the cost of even a used gun transferred to a CA resident will approach or exceed the cost of purchasing the gun new in California through many FFLs.
(That is what you can expect to happen if the "gun show loophole" is closed and private sales don't exist. You are forced to do business with FFLs, who often exploit this forced business and charge ridiculous fees just to transfer your gun to another person. While the feds require it for transfers between states, California requires it for all transfers. California has set a monetary cap to combat excessive exploitation within the state, but it ends there, and out of state transfers are often hit hard.)

ArmedBear
April 2, 2010, 07:04 PM
One variable nobody has mentioned: is he living in Louisiana right now? Or is he a CA resident just flying in for a day or two here and there?

It doesn't matter where you're from. Your current residence matters.

DammitBoy
April 3, 2010, 04:15 PM
He is a resident of Los Angeles, California - currently working in New Orleans for about 5 months.

NavyLCDR
April 3, 2010, 07:57 PM
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a3f10b904a023db6efa5171a96e15248&rgn=div8&view=text&node=27:3.0.1.2.3.2.1.1&idno=27

27 CFR 478.11:

State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located. An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm. The following are examples that illustrate this definition:

Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2. A is a U.S. citizen and maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

natman
April 4, 2010, 02:53 AM
In order to be considered a Lousiana resident, he will have to show proof of residency such as utility bills for the last 90 days in his name. As a practical manner, if he doesn't have Louisiana ID, the Louisiana FFL will be very reluctant to sell to him.

Quiet
April 4, 2010, 10:02 AM
In addition to the handgun needing to be shipped to a CA FFL dealer, in order for a CA FFL dealer to transfer the handgun, the handgun will need to be on the CA DOJ approved list.

Spencer_OKC
April 4, 2010, 02:33 PM
It never ceases to amaze me the roadblocks that government can throw up. Just reading this thread gives me a headache.

You can buy a gun on the 3rd Thursday of every month, as long as it doesn't hold more than 3 bullets and its model number starts with the "3".

Quiet
April 4, 2010, 04:09 PM
It never ceases to amaze me the roadblocks that government can throw up. Just reading this thread gives me a headache.

The requirement that it needs to be transfered through a CA FFL dealer is a Federal "roadblock" that has been in effect for around 42 years.

The requirement that is needs to be on the CA DOJ approved list, is a CA "roadblock" that has been in effect for 9 years and there is currently a lawsuit challenging the legality of it, pending outcome of the SCOTUS case McDonald v Chicago.

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